relating to exemption of certain electronic access control device
or alarm system manufacturers or providers from private security
regulation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1702.002, Occupations Code, is amended
by amending Subdivisions (1) and (6-a) and adding Subdivision (1-a)
to read as follows:
(1) "Alarm system" means:
(A) electronic equipment and devices designed to
detect or signal:
(i) an unauthorized entry or attempted
entry of a person or object into a residence, business, or area
monitored by the system; or
(ii) the occurrence of a robbery or other
emergency;
(B) electronic equipment and devices using a
computer or data processor designed to control the access of a
person, vehicle, or object through a door, gate, or entrance into
the controlled area of a residence or business; or
(C) a television camera or still camera system
that:(i) records or [,] archives images of [, or
monitors] property or individuals in a public or private area of a
residence or business; or(ii) is monitored by security personnel or
services.
(1-a) For purposes of Subdivision (1), the term "alarm
system" does not include a telephone entry system, an operator for
opening or closing a residential or commercial gate or door, or an
accessory used only to activate a gate or door, if the system,
operator, or accessory is not connected to an alarm system.
(6-a) "Electronic access control device" means an
electronic, electrical, or computer-based device, including a
telephone entry system, that allows access to a controlled area of a
business, but that is not monitored by security personnel or
services and does not send a signal to which law enforcement or
emergency services respond. The term does not include:(A) a mechanical device, such as a deadbolt or
lock; or(B) an operator for opening or closing a
commercial gate or door or an accessory, such as a fixed or portable
transmitter, card-reader, or keypad, if the operator or accessory
is used only to activate the gate or door and is not connected to an
alarm system.
SECTION 2. Section 1702.324(b), Occupations Code, is
amended to read as follows:
(b) This chapter does not apply to:
(1) a manufacturer or a manufacturer's authorized
distributor who sells equipment intended for resale and does not
perform any other service that requires a license under this
chapter [to a license holder or registrant that is used in the
operations for which the person is required to be licensed or
registered];
(2) a person engaged exclusively in the business of
obtaining and providing information to:
(A) determine creditworthiness;
(B) collect debts; or
(C) ascertain the reliability of information
provided by an applicant for property, life, or disability
insurance or an indemnity or surety bond;
(3) a person engaged exclusively in the business of
repossessing property that is secured by a mortgage or other
security interest;
(4) a person who:
(A) is engaged in the business of psychological
testing or other testing and interviewing services, including
services to determine attitudes, honesty, intelligence,
personality, and skills, for preemployment purposes; and
(B) does not perform any other service that
requires a license under this chapter;
(5) a person who:
(A) is engaged in obtaining information that is a
public record under Chapter 552, Government Code, regardless of
whether the person receives compensation;
(B) is not a full-time employee, as defined by
Section 61.001, Labor Code, of a person licensed under this
chapter; and
(C) does not perform any other act that requires
a license under this chapter;
(6) a licensed engineer practicing engineering or
directly supervising engineering practice under Chapter 1001,
including forensic analysis, burglar alarm system engineering, and
necessary data collection;
(7) an employee of a cattle association who inspects
livestock brands under the authority granted to the cattle
association by the Grain Inspection, Packers and Stockyards
Administration of the United States Department of Agriculture;
(8) a landman performing activities in the course and
scope of the landman's business;
(9) an attorney while engaged in the practice of law;
(10) a person who obtains a document for use in
litigation under an authorization or subpoena issued for a written
or oral deposition;
(11) an admitted insurer, insurance adjuster, agent,
or insurance broker licensed by the state, performing duties in
connection with insurance transacted by that person;
(12) a person who on the person's own property or on
property owned or managed by the person's employer:
(A) installs, changes, or repairs a mechanical
security device;
(B) repairs an electronic security device; or
(C) cuts or makes a key for a security device; or
(13) security personnel, including security contract
personnel, working at a commercial nuclear power plant licensed by
the United States Nuclear Regulatory Commission.
SECTION 3. Section 1702.328, Occupations Code, is amended
to read as follows:
Sec. 1702.328. SECURITY SYSTEMS SALES AND
INSTALLATION. This chapter does not apply to:
(1) a person who owns and installs a burglar detection
or alarm device on the person's own property or, if the person does
not charge for the device or the installation, installs the device
for the protection of the person's personal property located on
another person's property and does not, as a normal business
practice, install the devices on the property of another;
(2) a person in the business of building construction
that installs electrical wiring and devices that may include in
part the installation of a burglar alarm or detection device if:
(A) the person is a party to a contract that
provides that:
(i) the installation will be performed
under the direct supervision of, and inspected and certified by, a
person licensed to install and certify the alarm or detection
device; and
(ii) the license holder assumes full
responsibility for the installation of the alarm or detection
device; and
(B) the person does not service or maintain alarm
systems, electronic access control devices, locks, or detection
devices;
(3) a person who sells or installs automobile burglar
alarm devices and who does not perform any other act that requires a
license under this chapter; or
(4) a person who sells exclusively by e-commerce, over
the counter transactions, or [by] mail order, alarm systems,
electronic access control devices, locks, or detection devices.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3140 was passed by the House on May
13, 2005, by the following vote: Yeas 142, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3140 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor